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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Ken Fischer, Director
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing the execution of
an Agreement and issuance of a
Purchase Order in the amount of
$29,100 to All American Truck & Auto
Body in order to repair refuse unit 191.
Dept: Public Services
Date: January 6, 2009
Meeting Date: January 20, 2009
Synopsis of Previous Council Action:
Recommended Motion:
Authorize the Director of Finance to amend the FY 2008-09 Adopted Budget and
transfer $29,100 from Account No. 527-412-5179 (DumplWaste Fees) to Account No.
527-413-5172 (Equipment Maintenance).
Signature
Contact person: Ken Fischer, Director
Supporting data attached:
Staff Report, Resolution, Vendor Service
Agreement and Attachment "1"
FUNDING REQUIREMENTS:
Phone:
5140
All
Ward:
Source:
$29,100
IWM Fund
FY 08-09
527-413-5172
(Equipment Maintenance)
Amount:
&0
Finance:
Council Notes:
2009- cP
Agenda Item No. Z!;
,.. 2,f).01
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an Agreement and issuance of a Purchase Order in the amount of $29,100 to All
American Truck & Auto Body in order to repair refuse unit 191.
Background:
The Public Services Department, Integrated Waste Management Division utilizes front load
collection vehicles primarily for the collection of commercial containers, also known as
dumpsters. Front load collection vehicle (unit 191) was involved in an accident and sustained
damage to several body components, the fuel tank and the front and rear suspension.
Staff requested quotes for the repair of unit 191 from four (4) vendors. Only two (2) vendors
submitted quotes (Attachment "1 "). The vendor, business location, and price quote are listed
below.
Vendor Location
All American Truck & Auto Body Fontana, CA
Empire Truck Bloomington, CA
McCray San Bernardino, CA
HREM Colton, CA
Quote
$29,075
$46,181.29
Non-Responsive
Non-Responsive
Both McCray and HREM declined to submit a quote because they were unable to complete
the work. Staff recommends that All American Truck & Auto Body be issued a Purchase
Order in the amount of $29,100 to repair unit 191.
The damage to unit 191 was the result of a collision. Collision claims have a $25,000
deductible. Risk Management has signed the Proof of Loss form and has mailed it to the
insurance adjuster who will reimburse the City $4,075. The $25,000 balance to complete
repairs will come from savings in the IWM operational budget.
Financial Impact:
Staff has identified savings in Account No. 527-412-5179 (DumplWaste Fees) in the amount
of $29,100 for the repairs.
Recommendation:
Authorize the Director of Finance to amend the FY 2008-09 Adopted Budget and transfer
$29,100 from Account No. 527-412-5179 (DumplWaste Fees) to Account No. 527-413-5172
(Equipment Maintenance).
1
RESOLUTION NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $29,100 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 191.
WHEREAS, All American Truck & Auto Body submitted the lowest quote for the
repairs of refuse unit 191.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager of the City of San Bernardino is hereby
authorized to execute on behalf of said City an Agreement between the City of San
Bernardino and All American Truck & Auto Body, a copy of which is attached hereto,
marked as Exhibit "A", and incorporated herein by this reference as fully set forth at
length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.04.010 of the Municipal Code, pursuant to Section 3.04.010 B-3 of said
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Code "Purchases approved by the Mayor and Common Council".
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SECTION 3. That pursuant to this determination the Director of Finance or her
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19 designee is hereby authorized to issue a Purchase Order to All American Truck & Auto
20 Body in the amount of $29,100.
21 SECTION 4. The Purchase Order shall reference this Resolution No.
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and shall read, "All American Truck & Auto Body in order to repair refuse
23 unit 191 in the amount of $29,100" and shall incorporate the terms and conditions of
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the agreement.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not executed within sixty (60) days of the
passage of this resolution.
/- ().V~ O'l
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A PURCHASE ORDER IN THE AMOUNT OF $29,100 TO ALL
AMERICAN TRUCK & AUTO BODY IN ORDER TO REPAIR REFUSE UNIT 191.
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24 Approved as to Form:
25 By: . fC/Vvv~
)ames F. Penman
26 ity Attorney
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Mayor and Common Council of the City of San Bernardino at a
, 2009, by the
day of
meeting thereof, held on the
following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
VACANT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, City Clerk
The foregoing resolution is hereby approved this
,2009.
day of
Patrick J. Morris, Mayor
City of San Bernardino
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 20th day of January 2009, by and
between All American Truck & Auto Body ("VENDOR") and the City of San Bernardino
("CITY" or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council have determined that it is in the best
interest of the CITY to contract for the repairs of refuse unit 191; and
WHEREAS, the City of San Bernardino has detern1ined that vendor possesses the
professional skills and ability to provide said services for the City;
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated in paragraph 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its quote dated
December 3, 2008, attached hereto, marked Attaclunent "1" and incorporated herein by this
reference as fully as though set forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $29,100 to provide and perform those
products and services described in Section 1 above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The term of this agreement shall be for a period of one (1) year.
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This Agreement may be terminated at any time by thirty (30) days prior written notice
by either party. The terms of this Agreement shall remain in force unless amended by written
agreement of the parties executed on or before date of expiration of current term of the
agreement.
4. INDEMNITY.
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omIssIons. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
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Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notify CITY of any change or
termination in the policy. Insurer shall give CITY 30 days notice prior to enactment and any
change or termination of policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law, except as permitted pursuant to Section
12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, 'and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other license, permits,
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1 qualifications, insurance and approval of whatever nature that are legally required of VENDOR
2 to practice its business or profession.
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9.
NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
All American Truck & Auto Body
10429 Sultana Ave.
Fontana, CA 92337
Telephone: (909) 598-2706
Contact: Mike Kennedy
ATTORNEYS' FEES
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In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law aSSIgn, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
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Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convemence only and shall not affect the construction or the interpretation of any of its
provIsIOns.
16. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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VENDOR SERVICE AGREEMENT
ALL AMERICAN TRUCK & AUTO BODY
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated:
,2009
VENDOR
By:
Its:
9 Dated
,2009
CITY OF SAN BERNARDINO
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By:
City Manager
Approved as to Form:
By: .L
Jam s F. Penman, City Attorney
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ATTACHMENT "1"
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Estimate
I W1:008 r~' I
Name I Ac1dre6s
~ orSlm gem""Hno
182 S. Si....... Way
Son Bcmmdino, CA. 92408
Prtljecl
Descrl~ Qly CollI T"""
Rcprding Front End Loedor * 191.
Compaction Body:
o Rem.... tI1e .- pivot pin tTom the body and lbe service lift
c:y\lDdc:r pins as wel~
- Ccn1<r tbe body on tI1e _ bacIc '" it!; oritIinal positi"".
Replace tbe plus _ to tI1e Jill cyIindoIs and ..... phut.
- Rem_ the domagcd body _..1 posts tTom the unit. Glind,
....d and weld all new post _Ii: to the anit.
- Remove the """'" body sIdrts.. well tTom between the__
Grind,....d and weld ..... slclrts m the body.
- RcmcM: the fiond"", tom the body IS wcII. Lightly_d the
bracI<et fiom all..... and debriL InsllII1 the """,li:ndcrs c:ompJet<"
- Rcmo-.. tile body I'OOf = 1nddor. Grind. sand 1hc ladder leg
pacb. bmloIl a..".. Jodder....,Jding "'"""~
- Leason lite ann ~"'" .m.ft buohitlg pillow b1GCks. Shift the.......
......:ttom Icft '" riaht and ....... OIl __ fifth. ann ftIlIbe<........
o ~the _ _....i.~ CI1by....... RcpIocc ond or SlIaighten
the walls (wingo) wcJdlng complde.
.
If. ~"plcooslm: ~-1W! Total
Customer signBture
Page 1
P.O. Box 3997 . Fontana. CA 92334 . (gGlg) 428-3410 . (909) 428-3411 . FAX (909) 428-8132